SENATE COMMITTEE ON JUDICIARY

 

June 16, 2005                                                                                                      Hearing Room 343

1:00 P.M.                                                                                                                  Tapes 171 - 173

Corrected 10/26/05

MEMBERS PRESENT:         Sen. Ginny Burdick, Chair

Sen. Roger Beyer

Sen. Floyd Prozanski

Sen. Charlie Ringo

Sen. Vicki Walker

Sen. Doug Whitsett

 

MEMBER EXCUSED:          Sen. Charles Starr, Vice-Chair

 

 

STAFF PRESENT:                 Joe O'Leary, Counsel

                                                Heidi Moawad, Counsel

                                                Sam Sears, Counsel

Dale Penn, Committee Assistant

 

MEASURES/ISSUES HEARD:        

HB 2156 – Work Session

HB 2224A – Work Session

HB 3352A – Work Session

HB 2599A – Work Session

HB 2322A – Work Session

HB 2227 – Work Session

HB 2050A – Work Session

HB 2742A – Work Session

HB 2667 – Work Session

SB 591 – Work Session

HB 2230A – Work Session

SB 304 – Work Session

SB 1041 – Work Session

HB 3159A – Work Session

 

These minutes are in compliance with Senate and House Rules.  Only text enclosed in quotation marks reports a speaker’s exact words.  For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

TAPE 171, A

003

Chair Burdick

Calls the meeting to order at 1:09 p.m. and opens a work session on HB 2156.

HB 2156 – WORK SESSION

007

Heidi Moawad

Counsel.  Describes HB 2156 relating to ratifying the National Crime Prevention and Privacy Compact. 

014

Chair Burdick

Talks about a national fingerprint compact use in Oregon.

024

Sen. Walker

MOTION:  Moves HB 2156 to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Starr

027

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

029

Chair Burdick

Closes the work session on HB 2156 and opens a work session on HB 2224A.

HB 2224A – WORK SESSION

033

Heidi Moawad

Counsel.  Describes HB 2224A relating to requiring the appellate court, after reversing any count but not all counts on appeal, to remand the case to the trial court for resentencing on the remaining count or counts.    Describes the –A2 amendment (EXHIBIT A).

047

Sen. Prozanski

Wonders what the scenario would be if a person who was sentenced with four counts and the most major was overturned; asks what would occur if one of the minor counts were overturned.

053

Jonathan Fussner

Department of Justice.  Addresses the scenario raised by Sen. Prozanski relating to four consecutive sentences where one count was dropped on appeal.

072

Sen. Prozanski

Asks about subsequent sentencing that was arising out of the same criminal incidence: would there be four separate sentences.

080

Fussner

Talks about the scenario raised by Sen. Prozanski dealing with four charges resulting from a single criminal occurrence.

096

Sen. Walker

MOTION:  Moves to ADOPT HB 2224A-A2 amendments dated 6/9/05.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Starr

099

Chair Burdick

Hearing no objection, declares the motion CARRIED.

101

Sen. Walker

MOTION:  Moves HB 2224A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Starr

103

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. PROZANSKI will lead discussion on the floor.

106

Chair Burdick

Closes the work session on HB 2224A and opens work session on HB 3352A.

HB 3352A – WORK SESSION

109

Sam Sears

Counsel.  Describes HB 3352A relating to providing that the surviving parent of a decedent, or the heirs or devisees of a parent, does not inherit by intestacy if the decedent lacked the capacity to make a will for at least five years before the death and the parent failed to provide support for the decedent for a period of 10 years or more before the decedent attained 18 years of age, or if the decedent died before attaining 18 years of age and the parent provided no support for the decedent during the life of the decedent.  Describes the –A5 amendment (EXHIBIT B).  Gives a legal background on the bill.

144

Sen. Prozanski

Agrees with the summary given by counsel and clarifies the effects of the bill.

151

Rep. Tom Butler

House District 60.  Testifies in support of HB 3352A.

162

Sen. Starr

MOTION:  Moves to ADOPT HB 3352A-A5 amendments dated 6/13/05.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Starr

164

Chair Burdick

Hearing no objection, declares the motion CARRIED.

165

Sen. Walker

MOTION:  Moves HB 3352A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Starr

168

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

171

Chair Burdick

Closes the work session on HB 3352A and opens a work session on HB 2599A.

HB 2599A – WORK SESSION

178

Heidi Moawad

Counsel.  Describes HB 2599A relating to exempting from public disclosure personal information about the customers or the public body providing water, sewer, or storm drain services.  Introduces and describes the –A6, -A7, and –A8 amendments (EXHIBITS C – E).

202

Chair Burdick

Talks about wanting to further address this concern in an interim committee.

218

Moawad

Discusses the information that would be kept on file.

228

Sen. Beyer

Stresses that water services require a driver’s license number as well.

231

Chair Burdick

Recommends moving the bill.

242

Sen. Prozanski

Inquires about a non-concurrence added into the bill.

271

Sen. Beyer

Declares his opposition to the –A7 amendment; believes that none of this information should be given out.

278

Sen. Prozanski

Retracts his earlier statement and supports the original bill.

304

Sen. Whitsett

Talks about his support for the original bill.

316

Moawad

Discusses the –A8 amendment dealing with the Oregon Department of Corrections.

336

Sen. Walker

Comments on the –A6 amendment she sponsored that addressed an issue of mandatory reporting.

389

Chair Burdick

Talks about the action she wishes to take on this bill: non-concurrence add-on later.

400

Sen. Beyer

Stresses his opposition to the –A7 amendment.

407

Sen. Walker

MOTION:  Moves to ADOPT HB 2599A-A7 amendments dated 6/16/05.

 

 

VOTE:  4-2-1

AYE:               4 - Prozanski, Ringo, Walker, Burdick

NAY:               2 - Beyer, Whitsett

EXCUSED:     1 - Starr C.

424

Chair Burdick

The motion CARRIES.

433

Sen. Walker

MOTION:  Moves to ADOPT HB 2599A-A6 amendments dated 6/16/05.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Starr

438

Chair Burdick

Hearing no objection, declares the motion CARRIED.

445

Sen. Walker

MOTION:  Moves to ADOPT HB 2599A-A8 amendments dated 6/16/05.

TAPE 172, A

009

Sen. Beyer

Inquires about who sponsored this amendment.

014

Moawad

States that the “Supervising Network of Sex Offenders within the state of Oregon” sponsored the bill: umbrella corporation representing many different groups.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Starr

022

Chair Burdick

Hearing no objection, declares the motion CARRIED.

023

Sen. Walker

MOTION:  Moves HB 2599A to the floor with a DO PASS AS AMENDED recommendation.

027

Sen. Beyer

Declares his opposition to the current incarnation of the bill with the –A7 amendment.

031

Sen. Prozanski

States that he is giving a courtesy vote currently until he can better research the issue to protect the consumers’ information.

 

 

VOTE:  4-2-1

AYE:               4 - Prozanski, Ringo, Walker, Burdick

NAY:               2 - Beyer, Whitsett

EXCUSED:     1 - Starr C.

058

Chair Burdick

The motion CARRIES.

SEN. BURDICK will lead discussion on the floor.

062

Chair Burdick

Closes the work session on HB 2599A and opens a work session on HB 2322A.

HB 2322A – WORK SESSION

065

Heidi Moawad

Counsel.  Describes HB 2322A relating to expanding assault in the first degree in include intentionally or knowingly causing serious physical injury to a child under 13 years of age.  Introduces and describes the –A2 amendment (EXHIBIT F).

078

Chair Burdick

Talks about her support of the bill and the need for the –A2 amendment.

090

Sen. Whitsett

Inquires about the age limit of the perpetrator.

093

Moawad

Discusses the age limit of the perpetrator; comments on children/youth offenders.

107

Sen. Whitsett

Asks about assault in the first degree.

110

Moawad

Replies that a child would only be charged in the juvenile courts: Measure 11 does not apply.

114

Sen. Prozanski

States that the courts can waive a child into an adult court.

118

Joe O’Leary

Counsel.  Talks about the movement of juveniles into adult courts to face harsher Measure 11 standards.

136

Sen. Walker

MOTION:  Moves to ADOPT HB 2322A-A2 amendments dated 6/15/05.

 

 

VOTE:  5-0-2

EXCUSED:  2 - Beyer, Starr

140

Chair Burdick

Hearing no objection, declares the motion CARRIED.

141

Sen. Walker

MOTION:  Moves HB 2323A to the floor with a DO PASS AS AMENDED recommendation.

144

Sen. Ringo

Addresses earlier testimony that talked about passing this bill to prevent this type of abuse.  Discusses the effects of Measure 11.  Declares his opposition to the bill.

168

Sen. Whitsett

Asks for a definition of “protracted impairment of health.”

171

Moawad

Clarifies the definition of “protracted impairment of health.”

193

Sen. Whitsett

Wonders if emotional health could be included in the definition.

196

Moawad

Replies that she does not believe mental or emotional distress fall under the definition.

206

Walt Beglau

Marion County District Attorney.  States that emotional or mental injury would not fall under this statute.  Stresses that this bill applies mainly to young children who have been abused seriously.  Declares that there is no set time period for injuries.

240

Chair Burdick

Asks about case law on this issue.

242

Beglau

Talks about the case law that address serious physical injury.

258

Gina Skinner

Washington County District Attorney’s Office.  Addresses the term “protracted” and how there is little to no true definition.

267

Sen. Ringo

Asks if “protracted” applies to more than a month.

269

Skinner

Responds that it would be up to a prosecutor/judge/grand jury to determine that criteria.

283

Sen. Ringo

Contends that a serious injury may result in a shorter amount of time that would be considered “protracted impairment.”

287

Beglau

Details the different testimony (medical, etc.) that would be needed to prove the injury was “protracted.”

310

Sen. Ringo

States he is even less comfortable with no solid definition of the term.

317

Beglau

Argues that such a loose definition is needed.

326

Sen. Beyer

Asks for the opinion of the witnesses on the –A2 amendment.

332

Beglau

Talks about his ideas for the amendment: child neglect 1 and 2, consistencies in child abuse laws, etc.

349

Sen. Prozanski

Declares his comfort level with the bill and the –A2 amendment.

379

Sen. Ringo

Stresses that leaving the ambiguity of the term open will lead to litigation.

380

Chair Burdick

VOTE:  5-1-1

AYE:               5 - Beyer, Prozanski, Walker, Whitsett, Burdick

NAY:               1 - Ringo

EXCUSED:     1 - Starr C.

419

Chair Burdick

The motion CARRIES.

SEN. PROZANSKI will lead discussion on the floor.

426

Chair Burdick

Closes the work session on HB 2322A and opens a work session on HB 2227.

HB 2227 -  WORK SESSION

431

Heidi Moawad

Counsel.  Describes HB 2227 relating to authorizing an introduction of victim impact evidence in non-death penalty aggravated murder sentencing proceedings.  Introduces and describes the -1 amendment (EXHIBIT G).

TAPE 171, B

018

Chair Burdick

Talks about the need for the amendment she proposed, but does not like the drafting of this particular -1 amendment.

035

Sen. Walker

MOTION:  Moves HB 2227 to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Starr

038

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

040

Chair Burdick

Closes the work session on HB 2227 and opens a work session on HB 2050A.

HB 2050A – WORK SESSION

043

Heidi Moawad

Counsel.  Describes HB 2050A relating to requiring as a condition of probation, parole, or post-prison supervision that certain persons not reside within three miles of the victim of the crime if the victim requests the imposition of the condition.  Introduces and describes the –A3 amendment (EXHIBIT H).

072

Moawad

Addresses the earlier concern of the victim moving within three miles of the offender.

119

Moawad

Talks about the confidentiality of the victim’s address.

149

Sen. Ringo

Discusses the concerns with the victim moving within three miles of the perpetrator in an amendment.

162

Sen. Walker

Appreciates the efforts made by Sen. Ringo to address her concerns with forcing an offender to continually move out of range of a victim if that victim moved within the three miles of the offender.

170

Sen. Beyer

Appreciates the attempt for the amendment to address his hesitance to force the offender to move if the victim moved within the three miles.

191

Sen. Ringo

MOTION:  Moves HB 2050A to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on SENATE RULES.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Ringo

206

Chair Burdick

Hearing no objection, declares the motion CARRIED.

210

Chair Burdick

Closes the work session on HB 2050A and opens a work session on HB 2742A.

HB 2742A – WORK SESSION

217

Joe O’Leary

Counsel.  Describes HB 2742A relating to establishing the Safe Routes to Schools Fund.  Introduces and describes the –A2 amendment (EXHIBIT I).

237

Rep. Chuck Hurley

House District 54.  Testifies in support of HB 2742A.

247

Sen. Walker

MOTION:  Moves HB 2742A to the floor with a DO PASS recommendation.

252

Sen. Beyer

Talks about the fiscal analysis of the bill.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Starr

269

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. DEVLIN will lead discussion on the floor.

273

Chair Burdick

Closes the work session on HB 2742A and opens a work session on HB 2667.

HB 2667 – WORK SESSION

276

Heidi Moawad

Counsel.  Describes HB 2667 relating to expanding the definition of “sex crime” to include public or private indecency, if the person convicted has a prior conviction for public or private indecency.

298

Sen. Walker

MOTION:  Moves HB 2667 to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Starr

303

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. BEYER will lead discussion on the floor.

278

Chair Burdick

Closes the work session on HB 2667 and opens a work session on SB 591.

SB 591 – WORK SESSION

318

Joe O’Leary

Counsel.  Describes SB 591 relating to clarifying which parts of a roadway are considered adjacent to a lane in which the driver’s vehicle is traveling for purposes of the offense of failure to stop and remain stopped for a pedestrian in a crosswalk. 

332

Sen. Prozanski

Clarifies the effects of SB 591.

358

Sen. Beyer

Declares his opposition to the bill.

369

Sen. Walker

MOTION:  Moves SB 591 to the floor with a DO PASS recommendation.

 

 

VOTE:  5-1-1

AYE:               5 - Prozanski, Ringo, Walker, Whitsett, Burdick

NAY:               1 - Beyer

EXCUSED:     1 - Starr C.

381

Chair Burdick

The motion CARRIES.

SEN. PROZANSKI will lead discussion on the floor.

395

Chair Burdick

Closes the work session on SB 591 and opens a work session on HB 2230A.

HB 2230A – WORK SESSION

399

Joe O’Leary

Counsel.  Describes HB 2230A relating to defining the term “economic damages” for the purposes of restitution.  Introduces and describes the –A2 amendment (EXHIBIT J).

451

Sen. Whitsett

Asks about the constitutionality of this expansion.

TAPE 173, A

003

O’Leary

Talks about restitution not being a civil action in nature; it has a punitive, rehabilitive, etc. element to it.

041

Sen. Walker

MOTION:  Moves to ADOPT HB 2230A-A2 amendments dated 6/10/05.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Starr

044

Chair Burdick

Hearing no objection, declares the motion CARRIED.

045

Sen. Walker

MOTION:  Moves HB 2230A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Starr

047

Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. WHITSETT will lead discussion on the floor.

051

Chair Burdick

Closes the work session on HB 2230A.

063

Chair Burdick

Opens a work session on SB 304.

SB 304 – WORK SESSION

064

Sen. Walker

MOTION:  Moves SB 304 to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on SENATE RULES.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Starr

069

Chair Burdick

Hearing no objection, declares the motion CARRIED.

070

Char Burdick

Closes the work session on SB 304 and opens a work session on SB 1041.

SB 1041 – WORK SESSION

072

Sen. Walker

MOTION:  Moves SB 1041 to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on SENATE RULES.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Starr

076

Chair Burdick

Hearing no objection, declares the motion CARRIED.

078

Chair Burdick

Closes the work session on SB 1041 and opens a work session on HB 3159A.

HB 3159A – WORK SESSION

080

Sen. Walker

MOTION:  Moves HB 3159A to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on SENATE RULES.

 

 

VOTE:  6-0-1

EXCUSED:  1 - Starr

085

Chair Burdick

Hearing no objection, declares the motion CARRIED.

088

Chair Burdick

Closes the work session on HB 3159A. 

 

 

 

 

 

EXHIBIT SUMMARY

 

  1. HB 2224A, -A2 amendment, staff, 3 pp
  2. HB 3352A, -A5 amendment, staff, 7 pp
  3. HB 2599A, -A6 amendment, staff, 4 pp
  4. HB 2599A, -A7 amendment, staff, 1 p
  5. HB 2599A, -A8 amendment, staff, 4 pp
  6. HB 2322A, -A2 amendment, staff, 1 p
  7. HB 2227, -1 amendment, staff, 1 p
  8. HB 2050A, -A3 amendment, staff, 2 pp
  9. HB 2742A, -A2 amendment, Sen. Devlin, 2 pp
  10. HB 2230A, -A2 amendment, staff, 1 p